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How can I legally change my identity in the United States when I enter the country with a business visa?

Author: lawyer Wen Yong

Every year, a large number of foreigners enter the United States with business visas or tourist visas, and many of them want to live and work legally in the United States for various reasons. In fact, only a few people can legally apply for permanent resident status in the United States, and most people become illegal immigrants because they cannot legally adjust their status.

First, we must meet the conditions for applying for immigration. Generally speaking, there are two basic ways for foreigners to apply for green cards, including relative immigration and professional immigration. If a foreigner marries an American citizen or a green card holder within the validity period of a business visa, he/she may submit a relative immigration application to the Immigration Bureau (I-130); If the employer is willing to hire foreigners and is willing to sponsor his green card application, his employer can also submit a professional immigration application to the Immigration Bureau.

Another special way to apply for a green card is through political asylum, but political asylum does not apply to all foreigners. If foreigners are persecuted in their own country or fear persecution in the future because of race, religion, nationality, membership of special social organizations or political views, they can apply to the US government for political asylum.

Second, foreigners should maintain their legal status in the process of applying for adjustment of their status. This is especially important for foreigners to legally change their status. Among the above-mentioned types of immigrants, there are no quota restrictions except for applying for a green card by marrying a citizen. The Immigration Bureau sets strict quota restrictions on other types of immigrants every year.

Because the number of applicants far exceeds the quota, in order to better handle a large number of immigration applications, the Immigration Bureau requires applicants to submit an application for adjusting their status (I-485) to the Immigration Bureau after a predetermined time, so as to change their status from non-immigrant status to immigrant status. During this period, foreigners must maintain their legal status. Once the foreigner's status turns black, unless protected by 245(i), he must leave the United States and return to his country to legally adjust his status. If the foreigner stays in the United States illegally for more than one year, he cannot enter the United States for ten years. The general business visa can only be extended for six months, while the application for adjustment of identity can be as short as two years and as long as ten years. How do foreigners maintain their legal status during the application for adjustment of their status?

1. Apply for change of student visa. Student visas are generally valid for three to five years. It should be noted that foreigners must provide the admission notice of the school, the subjects they have studied and sufficient financial support to the Immigration Bureau when applying for changing their student visas.

2. Apply for a work visa. If a foreigner has a bachelor's degree or above and is employed by an employer, the position also requires professional knowledge with a bachelor's degree or above; Employers can help foreigners apply for work visas (H 1B). Such visas are generally valid for three years and can be extended once. After six years, you can apply for an extension under special circumstances. Foreigners who are administrative personnel or employees with special professional knowledge and technology in the company and whose parent company has branches in the United States can apply for a work visa for management/special personnel of multinational companies (L 1A/L 1B). This visa is generally valid for three years.

3. Apply for a treaty visa (E 1/E2). Not all countries can apply for this visa. Foreigners must come from countries that have treaty agreements with the United States, such as South Korea, Taiwan Province Province, Japan and the Philippines. Usually this visa is valid for one to two years. You can also apply for additional visas continuously, which can be extended for another two years at a time.

This article is for background knowledge only. Please don't take your situation or others' situation as legal advice.